The prayer was offered by the Chaplain, Rev. John Armstrong, followed by the Pledge of
Allegiance led by Senate page Ross Ackerman.
Roll Call: All members present except Sen. Parsley who was excused.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the fourth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Honorable Matt Michels
South Dakota State Senate
500 East Capitol Avenue
Pierre, South Dakota 57501
Dear President Michels and Members of the Senate,
I have the honor to herewith deliver to you:
Executive Reorganization Order 2015-01.
This document has also been filed with the Speaker of the House and the Secretary of State.
Sincerely,
Dennis Daugaard
See Senate Journal page 62 for the Executive Reorganization Order 2015-01.
The Committee on Judiciary respectfully reports that it has had under consideration SB 12
and 15 and returns the same with the recommendation that said bills do pass.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 18 and 58 and returns the same with the recommendation that said bills do
pass.
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 31 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 30 and returns the same with the recommendation that said bill be amended
as follows:
Also MR. PRESIDENT:
The Committee on Commerce and Energy respectfully reports that it has had under
consideration SB 36 and returns the same with the recommendation that said bill be amended
as follows:
"Section 3. That § 13-59-17 be amended to read as follows:
13-59-17. The State Board of Regents shall have full and complete has authority over said
the Lake County Historical Museum building, subject to § 13-59-18 and subject to the right of
the donor corporation to make use thereof of the building for their its purposes as provided in
§ 13-59-12, and the. The use which the university is to make of such the building shall be so
arranged as not to interfere with the donor's rights, privileges, and purposes therein.
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee relative to making arrangements for a memorial recognition of
deceased former members of the Senate and House.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee relative to making arrangements for the distribution of the official
directory, Senate and House Journals, bills, and other legislative printing.
Also MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee for the purpose of securing chaplains for the Ninetieth Legislative
Session.
SB 73 Introduced by: Senators Solano, Bradford, Brown, Buhl O'Donnell, Cammack, Curd,
Ewing, Frerichs, Greenfield (Brock), Haggar (Jenna), Haverly, Heineman (Phyllis), Heinert,
Holien, Hunhoff (Bernie), Lederman, Monroe, Novstrup (David), Otten (Ernie), Parsley, Peters,
Peterson (Jim), Rampelberg, Rave, Rusch, Soholt, Sutton, Tidemann, Tieszen, Vehle, and White
and Representatives Gosch, Anderson, Bartling, Beal, Brunner, Conzet, Craig, Cronin, Deutsch,
DiSanto, Dryden, Duvall, Feickert, Gibson, Greenfield (Lana), Haggar (Don), Harrison,
Haugaard, Hawks, Hawley, Heinemann (Leslie), Hickey, Holmes, Hunhoff (Jean), Hunt, Jensen
(Alex), Johns, Kirschman, Klumb, Langer, May, McCleerey, Mickelson, Munsterman, Novstrup
(Al), Otten (Herman), Partridge, Peterson (Kent), Qualm, Rasmussen, Ring, Romkema, Rounds,
Rozum, Schoenbeck, Schoenfish, Schrempp, Sly, Soli, Solum, Stalzer, Stevens, Tulson,
Verchio, Werner, Westra, Wiik, Willadsen, Wink, Wollmann, and Zikmund
FOR AN ACT ENTITLED, An Act to improve public safety regarding juvenile justice.
Was read the first time and referred to the Committee on State Affairs.
SB 35: FOR AN ACT ENTITLED, An Act to repeal certain outdated and unnecessary
statutes and rules related to the Department of Veterans Affairs.
Was read the second time.
The question being "Shall SB 35 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock);
Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil);
Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Peterson (Jim);
Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
Excused:
Parsley
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
SB 23: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
ownership and management of the South Dakota Art Museum.
Was read the second time.
The question being "Shall SB 23 pass?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock);
Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil);
Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Peterson (Jim);
Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle;
White
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed and the title was agreed to.
Sen. Monroe moved that the Senate do now adjourn, which motion prevailed and at
2:27 p.m. the Senate adjourned.
WHEREAS, this executive order has been submitted to the 90th Legislative Assembly
on the 5th legislative day, being the 20th day of January, 2015;
IT IS, THEREFORE, BY EXECUTIVE ORDER, directed that the executive branch of
state government be reorganized to comply with the following sections of this order.
Section 2. Any agency not enumerated in this order, but established by law within
another agency which is transferred to a principal department under this order, shall also be
transferred in its current form to the same principal department and its functions shall be
allocated between itself and the principal department as they are now allocated between
itself and the agency within which it is established.
Section 3. "Agency" as used in this order shall mean any board, authority, commission,
department, bureau, division or any other unit or organization of state government.
Section 5. Unless otherwise provided by this order, division directors shall be appointed
by the head of the department or bureau of which the division is a part, and shall be
removable at the pleasure of the department or bureau head, provided, however, that both the
appointment and removal of division directors shall be subject to approval by the Governor.
Section 6. It is the intent of this order not to repeal or amend any laws relating to
functions performed by an agency, unless the intent is specifically expressed in this order or
unless there is an irreconcilable conflict between this order and those laws.
Section 7. If a part of this order is invalid, all valid parts that are severable from the
invalid part remain in effect. If a part of this order is invalid in one or more of its
applications, the part remains in effect in all valid applications.
Section 8. Except when inconsistent with the other provisions of this order all rules,
regulations and standards of the agencies involved in executive reorganization in effect on
the effective date of this order, shall continue with full force and effect until they are
specifically altered, amended, or revoked in the manner provided by law, unless the statutory
authority for such rules is superseded by this order.
Section 9. It is hereby declared that the sections, clauses, sentences and parts of this
executive order are severable, are not matters of mutual essential inducement, and any of
them may be excised by any court of competent jurisdiction if any section, clause, sentence
or part of this executive order would otherwise be unconstitutional or ineffective.
Section 10. In the event that it has been determined that a function of a transferred
agency, which has not been eliminated by this order, and its associated records, personnel,
equipment, facilities, unexpended balances or appropriations, allocations or other funds have
not been clearly allocated to an agency, the Governor shall specify by interim procedures the
allocation of the function and its associated resources. At the next legislative session
following the issuance of such interim procedures, the Governor shall make
recommendations concerning the proper allocation of the functions of transferred agencies
which are not clearly allocated by this order. Any interim procedures issued in conjunction
with this section shall be filed with the Secretary of state.
Section 11. The rights, privileges and duties of the holders of bonds and other obligations
issued, and of the parties to contracts, leases, indentures, and other transactions entered into,
before the effective date of this order, by the state or by any agency, officer, or employee
thereof, and covenants and agreements as set forth therein, remain in effect, and none of
those rights, privileges, duties, covenants, or agreements are impaired or diminished by
abolition of an agency in this order. The agency to which functions of another agency are
transferred is substituted for that agency and succeeds to its rights and leases, indentures, and
other transactions.
Section 13. If any part of this order is ruled to be in conflict with federal requirements
which are a prescribed condition to the receipt of federal aid by the state, an agency or a
political subdivision, that part of this order has no effect and the Governor may by executive
order make necessary changes to this order to receive federal aid, and the changes will
remain in effect until the last legislative day of the next legislative session or until the
Legislature completes legislation addressed to the same question, whichever comes first.
Section 14. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to make the name and title changes necessary to
correlate and integrate the organizational changes made by this Executive Reorganization
Order into the South Dakota Codified Laws.
Section 15. Any provisions of law in conflict with this order are superseded.
Section 16. Whenever a function is transferred by this order, all personnel, records,
property, unexpended balances of appropriations, allocations or other funds utilized in
performing the function are also transferred by this order.
Section 17. The effective date of this Executive Reorganization Order #2015-01 shall be
ninety days after its submission to the Legislature.
Section 19. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
references to "Office of History" or "office" and inserting "State Historical Society."
1-18-2
1-18-31.2
1-18B-9
1-18B-11
1-18B-12
1-18B-13
1-18C-2
1-19-2.1
1-19-6
Section 20. The State Historical Society created pursuant to chapter 1-18 and its functions
are hereby transferred to the Department of Education.
Section 21. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
references to the "Department of Tourism" or the Secretary of "Tourism" and inserting the
"Department of Education" or the Secretary of "Education" as appropriate.
1-18-2
1-18-2.2
1-18-3
1-18-20
1-18-32.1
1-18C-2
1-18C-3
1-18C-6
1-19-2.1
1-19B-8
1-20-19
1-20-20
Section 22. That § 1-18-2.1 be repealed.
1-18-2.1. The Office of History shall perform all the functions of the following former
agencies:
(1) The Department of History, created by chapter 1-18; and
(2) The Verendrye Memorial Commission, created by chapter 1-19.
Section 23. That § 1-18B-1 be amended to read as follows:
1-18B-1. Terms The term "board," as used in this chapter mean means
(1) "Board," the State Historical Society Board of Trustees provided for by § 1-18-12.2;
and
(2) "Office," the Office of History within the Department of Tourism.
Section 24. That § 1-18B-10 be amended to read as follows:
1-18B-10. A duly certified copy of any paper, document, article, or advertisement in the
custody of the Cultural Preservation Office State Historical Society made and certified by an
executive officer thereof may be accepted as prima facie evidence of the contents thereof in
any court or proceeding in this state.
Section 25. That § 1-19A-2 be amended to read as follows:
1-19A-2. Definition of terms. Terms used in this chapter mean:
(1) "Board," the State Historical Society Board of Trustees established by § 1-18-12.2;
(2) "Historic preservation," the research, protection, restoration, and rehabilitation of
districts, sites, buildings, structures, and objects significant in the history, architecture,
archaeology, paleontology, or culture of the state;
(3) "Historic property," any building, structure, object, district, area, or site that is
significant in the history, architecture, archaeology, paleontology, or culture of the state,
its communities or the nation;
(4) "Office" or "Office of History," the Office of History of the Department of Tourism;
(5) (4) "Rehabilitation," returning property to a state of utility, through expansion,
addition, repair, or alteration, which makes possible an efficient contemporary use
while retaining those portions of the property, which qualify such property for
placement on the state register of historic places;
(6) (5) "Restoration," the repair or replacement of historically significant features which
qualify a structure or object for recognition by the state register of historic places.
Section 26. That § 1-52-2 be amended to read as follows:
1-52-2. The Department of Tourism and State Development is abolished. The position of secretary of tourism and state development is abolished. The following functions of the
former Department of Tourism and State Development are transferred to the Department of
Tourism:
(1) Office of Tourism;
(2) Board of Tourism;
(3) Office of History;
(4) State Historical Society Board of Trustees;
(5) (3) State Arts Council; and
such other tourism related functions as the Governor shall direct.
The secretary of the Department of Tourism shall perform the functions of the former
secretary of the Department of Tourism and State Development related to tourism
Section 27. That § 1-52-9 be repealed.
1-52-9. The secretary of the Department of Tourism shall perform the functions of the
former secretary of the Department of Tourism and State Development, relating to the Office
of History.
Section 28. That § 13-57-6.1 be amended to read as follows:
13-57-6.1. The museum at the University of South Dakota shall continue within the Cultural
Preservation Office of the Division of Cultural Affairs State Historical Society of the
Department of Education, and all its functions shall be performed by the cultural
preservation office State Historical Society as provided by § 1-45-23.
Section 30. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
references to the "Department of Tourism" or the Secretary of "Tourism" and inserting the
"Department of Education" or the Secretary of "Education" as appropriate.
5-15-49
Section 31. That § 1-52-8 be repealed:
1-52-8. The secretary of the Department of Tourism shall perform the functions of the
former secretary of the Department of Tourism and State Development, relating to the
Cultural Heritage Center.
Section 33. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to amend the following sections by deleting
references to the "Department of Public Safety" or the Secretary of "Public Safety" and
inserting the "Department of Health" or the Secretary of "Health" as appropriate.
34-11-2
34-11-5
34-11-6
34-11-6.1
34-11-6.2
34-11-6.3
34-11-6.4
34-11-8
34-11-11
34-11A-23
34-12F-3
36-4B-1
36-4B-10
36-4B-35
Section 34. That § 1-51-5 be repealed.
1-51-5. The Office of Emergency Medical Services, Department of Health, and its
functions are transferred to the Department of Public Safety created by Executive
Reorganization Order 2003-01. The secretary of the Department of Public Safety shall
perform the functions of the secretary of the Department of Health, relating to the Office of
Emergency Medical Services.
Section 35. That subdivision (2A) of § 32-6B-1 be amended to read as follows:
32-6B-1. (2A) "Authorized emergency vehicle," any vehicle of a fire department and
any ambulance and emergency vehicle of a municipal department or public service
corporation that are designated or authorized by the Department of Public Safety or the
Department of Health;
Section 36. That subdivision (2) of § 32-14-1 be amended to read as follows:
32-14-1. (2) "Authorized emergency vehicle," a vehicle of a fire department, a police vehicle, an ambulance or emergency vehicle of a municipal department or public service
corporation that is designated or authorized by the department or the Department of Health,
and an emergency vehicle titled to a local organization for emergency management created
pursuant to chapter 34-48A;
Section 38. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the
Legislative Research Council are requested to transfer the existing administrative rules
relating bottled water quality in chapter 20:01:11 to the department of environment and
natural resources.
Section 39. That section 39-1-1.1, be amended to read as follows:
39-1-1.1. The Division of Commercial Inspection and Licensing Legal and Regulatory
Services of the Department of Public Safety shall perform the functions previously
performed by the Department of Agriculture pursuant to chapters 39-4 and 39-13, except the
authority to regulate bottled water quality which the Department of Environment and Natural
Resources shall perform.
Section 40. That section 39-1-4, be amended to read as follows:
39-1-4. The secretary of agriculture may, except as provided by § 39-1-1.1, adopt such rules
as may be necessary for the proper and effective enforcement of this title. All such rules
shall become effective in conformity with chapter 1-26. The failure to obey any rule of the
secretary of agriculture adopted pursuant to this section may be enforced by proper legal
procedure in court.
The secretary of environment and natural resources may adopt such rules as may be
necessary for the proper and effective enforcement relating to bottled water quality. All such
rules shall become effective in conformity with chapter 1-26. The failure to obey any rule of
the secretary of environment and natural resources adopted pursuant to this section may be
enforced by proper legal procedure in court.
Section 41. That section 39-1-5, be amended to read as follows:
39-1-5. The secretary of agriculture, or the secretary of public safety, or the secretary of environment and natural resources when performing the functions described in § 39-1-1.1, may, when in his judgment such action will promote honesty and fair dealing in the interest of consumers, adopt rules establishing for any food, under its common or usual name so far
as practicable, a reasonable standard of identity and purity. If a standard for a food has been
established by the administrator of the Federal Food, Drug, and Cosmetic Act of 1938, the
secretary of agriculture, or the secretary of public safety, or the secretary of environment and
natural resources shall adopt that standard for this state. The standards shall become
effective in conformity with chapter 1-26. An article of food which does not conform to the
such standards is adulterated or misbranded as the case may be.
Section 42. That section 39-4-1, be amended to read as follows:
39-4-1. The word "food" as used in this title shall include all substances used as food, drink,
confectionery, or condiment by man or other animals, whether simple, mixed, or compound,
and all substances or ingredients to be added to foods for any purpose. For the purposes of
this chapter, the word "food" specifically includes bottled water for sale to the public, the
quality of which is regulated by the secretary of environment and natural resources as
provided for under this chapter.
Dated in Pierre, South Dakota, this 20th day of January, 2015.
Dennis Daugaard
Governor of South Dakota
(Seal) ATTEST:
Shantel Krebs
Secretary of State